(A) Applicability. Except for real estate located within the City of Elkhart, the City of Goshen or the City of Nappanee, any and all real estate located within the county subject to a post construction storm water pollution prevention plan as required by Rule 5 at 327 I.A.C. 15-5-6.5(a)(8) shall be governed by the terms and provisions of this subchapter unless exempt under this subchapter.
(B) Exempt real estate. The following activities are exempt from the storm water performance and documentation requirements established by this subchapter:
(1) Agricultural land distributing activities;
(2) Forest harvesting activities;
(3) Construction activities that result in a land disturbance of less than one acre of total land area as determined under Rule 5 and are not part of a larger common plan of development or sale;
(4) The following activities provided other applicable permits contain provisions requiring immediate implementation of soil erosion control measures:
(a) Landfills that have been issued a certification of closure under 329 I.A.C. 10;
(b) Coal mining activities permitted under I.C. 14-34; and
(c) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the State Department of Environmental Management under 329 I.A.C. 10 that contains the equivalent storm water requirements to those under Rule 5, including expansion of landfill boundaries and construction of new cells either within or outside the original solid waster permit boundary.
(5) Repairs to the MS4 deemed necessary by the Department.
(Prior Code, § 36-9-28.5-3) (Ord. 06-284, passed 6-5-2006, 2006 COM REC 284–292; Ord. 08-498, passed 12-15-2008)